European Union: European Court of Justice issued ruling in lawsuit alleging misleading comparative advertising practices (HUK-Coburg vs Check24)

On 8 May 2025, the Court of Justice of the European Union issued a preliminary ruling in Case C‑697/23 (HUK-COBURG v. Check24) interpreting Directive 2006/114/EC on misleading and comparative advertising. The Court held that the concept of “comparative advertising” under Article 2(c) of the Directive does not cover online comparison services provided by undertakings that do not themselves offer the goods or services being compared and therefore cannot be considered competitors within the meaning of the Directive. This interpretation applies even where such undertakings act as intermediaries and allow consumers to enter into contracts with the actual providers of the goods or services. The judgment provides a binding interpretation of EU law, which the referring Munich Regional Court I must now apply to resolve the national dispute. The ruling sets a precedent for the interpretation of comparative advertising provisions across the European Union.